The fluidity of customary law, its dynamism, its evolution to meet societal needs, and why judicial precedent should apply only conditionally in its adjudication formed part of the discourse at a refresher course for judges of the lower courts held in Abuja recently.
In a paper titled “Inheritance and Succession: Customary Law Practice and Procedure” presented at the National Judicial Institute, a judge of the Upper Customary Court, Kafanchan, Kaduna State, His Worship Emmanuel J. Samaila, Esq. submitted that given the nature of customary law, the doctrine of judicial precedent should only apply conditionally in customary arbitration.
“A discourse on the applicability of case law in customary adjudication necessarily includes the question of the applicability of the doctrine of judicial precedent. By its nature, customary law is not codified and is distinct from ‘common law principles with their characteristic certainty and ossification.’
From practical experience, there are customary issues to which the doctrine of judicial precedent should apply and customary disputes where it ought not to apply.”
Click here to download the full presentation.
Inheritance-and-Succession-Customary-Law-Practice-and-Procedure
